Ellsberry et al v. Crouse
| Edna Elizabeth Ellsberry and Samuel Ellsberry Trust 2019 |
| Charity Colleen Crouse |
| 3:2021cv02126 |
| September 7, 2021 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Ed Kinkeade |
| Irma Carrillo Ramirez |
| Real Property: Rent Lease & Ejectment |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on November 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 MOTION for Judgment Amended from altered effort to file original as Second Motion for Summary Judgment filed by Charity Colleen Crouse (Crouse, Charity) |
| Filing 41 Supplemental Document by Charity Colleen Crouse as to #40 Second MOTION for Summary Judgment Appendix 1. (Crouse, Charity) |
| Filing 40 Second MOTION for Summary Judgment filed by Charity Colleen Crouse (Attachments: #1 Proposed Order) (Crouse, Charity) |
Filing 39
ORDER: The court instructs the clerk's office not to accept any additional filings from Charity Colleen Crouse through the court's emergency filing account unless a judge of this court authorizes the filing due to a true emergency. (Ordered by Senior Judge Sidney A Fitzwater on 11/1/2021) (Senior Judge Sidney A Fitzwater)
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| Filing 38 RESPONSE filed by Charity Colleen Crouse re: #37 Order. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (rekc) |
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Filing 37
ORDER denying #35 MOTION for Judgment Failure to Establish Title and Award of Title filed by Charity Colleen Crouse, and denying #36 MOTION to Compel Production of Evidence filed by Charity Colleen Crouse. (Ordered by Senior Judge Sidney A Fitzwater on 10/29/2021) (Senior Judge Sidney A Fitzwater)
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| Filing 36 MOTION to Compel Production of Evidence filed by Charity Colleen Crouse (Crouse, Charity) |
| Filing 35 MOTION for Judgment Failure to Establish Title and Award of Title filed by Charity Colleen Crouse (Crouse, Charity) |
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Filing 34
ORDER denying #33 MOTION for Discovery in Proceeding Against Surety filed by Charity Colleen Crouse. (Ordered by Senior Judge Sidney A Fitzwater on 10/21/2021) (Senior Judge Sidney A Fitzwater)
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| Filing 33 MOTION for Discovery in Proceeding Against Surety filed by Charity Colleen Crouse (Crouse, Charity) |
| Filing 32 Evidence List 3 filed by Charity Colleen Crouse ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (rekc) |
| Filing 31 NOTICE of Submission to the Court filed by Charity Colleen Crouse. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (cea) |
| Filing 30 NOTICE of Submission to the Court filed by Charity Colleen Crouse. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (cea) |
| Filing 29 NOTICE re: #28 Notice filed by Charity Colleen Crouse ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (rekc) |
| Filing 28 NOTICE of Submission to the Court filed by Charity Colleen Crouse. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (chmb) |
| Filing 27 ADDITIONAL ATTACHMENTS to #23 Notice of Appeal by Defendant Charity Colleen Crouse. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (rekc) |
| Filing 26 AMENDED DOCUMENT by Charity Colleen Crouse. Amendment to #5 Additional Attachments to Main Document. Motion to Add Exhibits to Evidence List 2. (Crouse, Charity) |
| Filing 25 AFFIDAVIT re #8 Findings and Recommendations on Case re: #3 Notice of Removal, filed by Charity Colleen Crouse. Statement of Consideration of Jurisdiction by Charity Colleen Crouse. (Crouse, Charity) |
| Filing 24 RESPONSE filed by Charity Colleen Crouse re: #22 Order. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (twd) |
| Filing 23 NOTICE OF APPEAL as to #19 Judgment to the Fifth Circuit by Charity Colleen Crouse. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. ***(Submitted in email format to the court's emergency filing account, converted to pdf for filing purposes, and filed with permission of the District Judge.)*** (cea) |
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Filing 22
ORDER denying #21 MOTION for Leave to Proceed in forma pauperis filed by Charity Colleen Crouse. (Ordered by Senior Judge Sidney A Fitzwater on 9/22/2021) (Senior Judge Sidney A Fitzwater)
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| Filing 21 MOTION for Leave to Proceed in forma pauperis filed by Charity Colleen Crouse. (axm) |
| Filing 20 COMPLAINT filed by Charity Colleen Crouse. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (axm) |
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Filing 19
JUDGMENT: This case is remanded to the Justice of the Peace Court, Precinct 5, Place 2, of Dallas County, Texas. (Ordered by Senior Judge Sidney A Fitzwater on 9/20/2021) (Attachments: #1 Remand Letter) (axm)
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Filing 18
Order Accepting #8 Findings and Recommendation of the United States Magistrate Judge. Accordingly, by separate judgment, this action is remanded to the Justice of the Peace Court, Precinct 5, Place 2, of Dallas County, Texas. (Ordered by Senior Judge Sidney A Fitzwater on 9/20/2021) (axm)
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Filing 17
ORDER denying the removing defendant's #15 Motion for Summary Judgment (construed as a motion to vacate the order of referral to the magistrate judge(MJ) or for the MJ to recuse). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/17/2021) (mcrd)
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| Filing 16 Court Request for Recusal: Judge Ed Kinkeade recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Senior Judge Sidney A Fitzwater for all further proceedings. Future filings should indicate the case number as: 3:21-cv-2126-D-BH. (ctf) |
| Filing 15 MOTION for Summary Judgment filed by Charity Colleen Crouse. (Attachments: #1 Proposed Order LR in accordance with FRCP) (Crouse, Charity) |
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Filing 14
ORDER re: #13 Motion to Appeal Findings, Conclusions and Recommendation. The filing is liberally construed as her timely objections. The motion is DEEMED MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/17/2021) (mcrd)
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| Filing 13 First MOTION for Leave to Appeal filed by Charity Colleen Crouse. (Crouse, Charity) |
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Filing 12
ORDER Granting #11 Motion to Amend Pleading to Correct for Error is GRANTED, and the initial is deemed to have reflected the correct date. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/13/2021) (svc)
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| Filing 11 MOTION to Amend Pleading to Correct for Error filed by Charity Colleen Crouse. (Crouse, Charity) Modified docket text on 9/13/2021 (cea). |
| Filing 10 NOTICE of Docket Text/Document Modification. Document 10 filed on 09/09/2021 was removed from the Court's docket and will be retained by the Clerk's Office in the appropriate file. |
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Filing 9
ORDER re: the removing defendant's #6 Application to Proceed In District Court Without Prepaying Fees or Costs. The defendant shall pay the required $402.00 filing fee to the Clerk of the Court within 14 days from the date of this order. If she fails to do so, denial of leave to proceed in forma pauperis will be recommended, and this case will be subject to dismissal without prejudice as provided by Fed. R. Civ. P. 41(b). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/9/2021) (mcrd)
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Filing 8
Findings, Conclusions, and Recommendation: Based on the relevant filings and applicable law, this Court lacks jurisdiction over this eviction case, and it should be REMANDED to the state court sua sponte. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/9/2021) (mcrd)
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charity Colleen Crouse. (jmg) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Charity Colleen Crouse. (jmg) |
| Filing 5 Evidence List 2 by Defendant Charity Colleen Crouse. (jmg) |
| Filing 4 List of Evidence by Defendant Charity Colleen Crouse. (jmg) |
| Filing 3 NOTICE OF REMOVAL filed by Charity Colleen Crouse. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jmg) |
| Filing 2 Notice and Instruction to Pro Se Party. (jmg) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
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